Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: notice

Employer Must Read NLRB’s Notice Aloud to Employees

Posted in NLRB
Late in 2010, the Acting General Counsel announced his intent to pursue additional remedies against employers alleged to have violated the NLRA.  The recent decision in OS Transport LLC, 358 N.L.R.B. No. 117 (Aug. 31, 2012), is a good example of the NLRB’s acceptance and enforcement of these remedial requests. In OS Transport, the AGC alleged that the… Continue Reading

NLRB Notice Posting Rule Unlawful

Posted in NLRB
Last year, the U.S. Chamber of Commerce challenged the legality of the NLRB’s notice posting rule in federal court in South Carolina.  Yesterday, Judge David C. Norton found (pdf) that the NLRB did not have the authority to issue the notice posting rule and that it was, therefore, unlawful under the Administrative Procedure Act.  Judge Norton reasoned… Continue Reading

Notice Posting Rule Delayed Again

Posted in NLRB
The NLRB announced today that it is delaying the effective date of its notice posting rule.  This is the second delay the NLRB has announced.  This time, however, the NLRB stated that the delay was at the request of the federal judge in Washington, D.C. who will decide two of the three cases that business groups and others filed… Continue Reading

UPDATE: NLRB Delays Notice Posting Compliance Deadline

Posted in NLRB, Union Organizing
The NLRB announced today a delay in the effective date of its recently published final rule requiring the posting of a notice of employee rights under the NLRA.  Employers subject to the NLRB’s jurisdiction are now expected to have the notice posted by January 31, 2012.  The rule was previously set to take effect on November 14, 2011.  According to… Continue Reading

UPDATE: Comments Submitted on DOL Persuader Rulemaking

Posted in Union Organizing
Earlier this year, the DOL proposed a rule that would change many decades of interpretation of a federal law known as the Labor-Management Reporting and Disclosure Act (LMRDA).  The effect of the proposal is to radically expand the definition of "persuader" activities while limiting the definition of "advice" activities.  The distinction is very significant:  if an employer and an… Continue Reading

UPDATE: Business Groups File Lawsuits Against NLRB Notice Posting Rule

Posted in NLRB
If the lawsuits of three different business groups are successful, the federal courts will have the last say about the validity of the NLRB’s notice posting rule. The National Association of Manufacturers (NAM), the National Federation of Independent Businesses (NFIB), and the U.S. Chamber of Commerce (Chamber) are each parties in three different lawsuits pending in federal courts… Continue Reading

NLRB Final Rule Requires Employers to Post Notice of NLRA Rights

Posted in NLRB, Union Organizing
Today, the NRLB officially published a Final Rule that requires private-sector employers, both union and non-union, to post a notice in their workplaces notifying employees of their rights under the NLRA. Pursuant to the new rule, employers subject to the NLRA must “post notices to employees, in conspicuous places, informing them of their NLRA rights, together… Continue Reading

NLRB Issues Final Rule on Notice Posting

Posted in NLRB
This morning, the NLRB announced that it would publish its final rule requiring employers to post a notice of employee rights under the NLRA.  The notice posting is a new requirement.  Employers currently have no obligation to post such a notice. The final rule will be published in the Federal Register tomorrow.  It will take effect 75… Continue Reading

UPDATE: Department of Labor’s LMRDA Proposal has Broad Implications for HR Departments and In-House Counsel

Posted in Union Organizing
By Allen Kinzer and Nelson Cary Recently, we alerted you to the U.S. Department of Labor’s effort to change the reporting requirements for businesses who engage external advisors in connection with union organizing issues. As we continue to review these proposed regulations, their scope becomes even more problematic for employers.  For example, suppose you are a… Continue Reading

Big Brother Watching You? DOL Demands More Information from Employers About Union Avoidance Activities

Posted in Union Organizing
By Nelson Cary and Allen Kinzer Yesterday, the U.S. Department of Labor (DOL) proposed to do away with an interpretation of the Labor-Management Reporting and Disclosure Act (LMRDA) that has prevailed for nearly 50 years.  At issue is Section 203 of the LMRDA, which requires, among other things, that employers file reports with the DOL when… Continue Reading

NLRB Proposed Rule Draws 6500 Comments, Controversy

Posted in NLRB
By Nelson Cary and Samantha Stilp The comment period for the National Labor Relations Board proposed rule requiring employers to post notice informing workers of their right to unionize officially ended last week.  Nearly 6,500 comments reveal strong opposition to the rule from all types of employers. Those filing comments opposing the rule focused on three main issues. First,… Continue Reading